The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-11-30
THE PUBLIC LANDS.
Secretary Lamar's Annual Report.
That Part Relating to the Adjust
ment of Land Grants.
An Earnest Desire of the Admins
tration to Restore Lands,
Great Swindling Stopped by the
Democratic Government.
How Railroad Companies Den'auded
the Government and Deprived Hon.
est Settlers of Their Lands and
Homes-The Miller Case.

the toVernment anu DepIlNeu hun
est Settlers of Their Lands and
Homes-The Miller Case.
WASHINGTON, Nov. Gone OF the
mos, important features Of Secretary La
mars forthcoming annual report is the
part which relates To the adjustments OF
railroad land grants. lie has today ~
ceiycd this part Of his report from the pub
lie printer, and il reads s follows
shortly after my appointment to the position
now have the honor 10 hold, and M bccumc some
what familiar with the public land system It's or
ganizaton aud the workings thcp'oi, became
moU and MON Impressed with the TACT that the
public domain was being diverted irom H. lcgiti
mate purpose and being converted to objects the
inevitable effect of which was rpugnant In the en-
tirc theory ON which the land system was hascd.
Apart from the methods vi Illegal appropriation
OF the public domain effected Though the pcncr
sion ui the several laws ior acquiring title thcrto
| br.umc convinced that the administration 81
congressional grants 10 wagon and nilruads had
given rsc 10 enormous abuse. Congress had not
only made giant. which, In some instances, cX-
cccdcd In extent the ARIA ol n hall dozen oi the
union but IN addition provided that any
lns,", Of lands Within the granted limits
should be- satisfied 10y selections oi lands within
Other aud adjoining limits, thus nearly doubling
thv ana ui the original giants. Under thcsc acts
the innd department. had Withdrawn irum public
appropriation not only the gunrd limits - r.
quird by law, hut also the lands within the IA
dcmnity limits. ut the inquest uf the EmutcO
companies. Thus enormous quantities ~ the
public land we've held Ia reservation tn await The
convenience Of the respective corporations IN the
their UHiflH tlU fffflInUH Of Nla
lands aud the uncertain adjustments ul the grants
/ BY the deparimcut I dO not Tor a moment qucs
ton the ws,cm ~ niding In the construction oi
filruudh That policy wa nj the time " sv one,
lut Ia the lght NJ experience Il may well h. asked
whether u would not have been wise e. have aided
tht-e gpHt enterprises otherwise than hy rmuts ul
| the public domain Though much rnod has hoeu
wnuuyhi crinin Il Il that the legislation 10y which
thcru yAst territories passed under the dominion ~
/ the homestead Shame h,ioc that scheme had u
/ effects
rms LAND GRANT LEGISLATION
was certainty mot ip harmony with the theory oi
/ distribution 1T the public domain amnnr the
people aud % gave mp tu capitalists. Hsa hu1s for
/ tufiir aud speculation and gigantic financial
! ahcWrH what was hy the original policy of the
| government designed e. ~ ihc hom'' igr an in.
/ dusrious and Thrifty people the ahoioa ui dumcs
/ dc hnppin,s, aud virtue and patriotism. NutWith
! standing thUse Indemnity WlthdmWals wpru hnflu
exclusively iof the iutcrsi. III the oomtanlrs ica
| IT thtse, " any 81 tncm, uuuHiruCicd urlr tunh
| withu the uinc Ilrcsrriiscl NJ the gmnung asi, NJ
4.&&spre'sscndrs'-o ~ whlch She grupi va' ~ ldc
xs sHts n .id l' Tsd SsrS ma S anl
mpidiiy Ia the department, and withdrawal
hrn under aslrd and almost in,nriahy rrinici
| until the public land states and Territories wen
| rfdipiu~l over Win miiruuds granted nni inilrm
| nifty limit. aud iu many Instance the limIis al
ono rni u,rinpfing AMI cuufllctius with Other
| mud. ln The mot h,Wildrflug manner ap that 900,
s,itlcr s'rilur homo could turrly hnd % lcIr
able lrcutuu thHt was not claimed hy some uup. tl
ir,lnT two ~ i'iy", u thr many rulds ip which
I guinis ~ land had isecn mp'lu b, tUuFr.s.
Nor wua this nll Though ihrdssin1t tact might
| not b. uptauutly covered By o. miiriad lurltiOu
thr -rtlei wuuid hardly solcri II sion agents u
/ the uirtntailDus would srt up d claim tn To- uf &
! tho urhi "a ooHupy and druuir u undpr mo rlrh
/ Of NAY aud construction privileges Uunirurd b.,
| ihc rrninr act Thus ihc SETTLER ifuOmul ~ hi'
llul rights nn1 with no one a. advise him with o.
sIsr in either the law ur The ia,a. would ilf a.,
/ sFke ~ pgnrc nni q home readily uunsDut ~ pur
ciusr iruin tlc COMPANY. ln This way ihvr cor
pnuuuh. W. Nlil inh ~ we hnl. NihilFl ln ih'tn
have claimed, sull aud rcrilci tlu gfrc ui yfuh
deal oi other land a. Whirh th,y hal neither lr,a
/ nor mOrd right uur the shadow IT either.
The confusion, hardship and imposliluns pmc
/ tiCcd upon tctilcn were gUaily increased ~
rnE BOLD SCHEMES
~ tie c0u1rtoi AGENTS Whcrr Withdrawals wen
made NJ lands ~ which The legal title ui the ruu
pinrs had not attached. nni Whith ni,wari o.
/ manned ln The SINE condition iuf years thruri
thU ihiuw of lpngurss io make The nruU.saD W.
ihfuulh partial Surveys or Adjustments ui gmuts
lnuds titus odd hY company Wrfu iuuud tn n
outside II iir Funts. and determined by the do
Iarnrut a. b. public lands the purchaser inIn
ihr company found himself iu de uninftunHi.
tnsiiUhmrutu i having lot both BIZ land aud hi
munDy. orurfalll viii uui lnvaus 81 Cuirf Into
ueily litigation With o. powerful CORPORATION. th
deprivation If DIE home ihH expenditure az,
| waste ~ hlf years. BIZ enemy nId tfVuFih ln u
dcrming that hutne ifpin NJ Wlld condition. rru
drpI hls mere technical flrht IT action nralnst hi
] hat |IHH.H HrHFU fIIHH IA HHFN
! ican have riBtssi sims many IT the grant haV
lorn mHfr. nVd other year ainU" III. Withdrawals
some ~ the fniuUHulra have constructed che rutlr
limo oi their rada. uth,n immcniafy portion
uuiy, Hui other uf.fiu nunu M 100. hut che WITH
dmshi' Ui che lands wrv mo- lus ,1orilNc ~
iaffHf nrfinHt The arttrfi 900 iho one tisa Than II
The other u mlitUri not What might D. hi
cqult.os, nD1uifud ny Nchr ui Toll upon what D.
believed ~ ~ part ~ the national duualu ~ va
/ DECLARED 30 thn hiHhrt Judicial tribunal o. "a
pounded w ihr tlnhui law o1IDer ~ che ryeru
/ live. that n withdrawal uuun made ~ rumtHHtfu
authority wa luFal aud onoritc b. exclude nj
imm Intrusion Within ~ limits ono such cta
vhsr hardship anil Injustice wrfr about ~ hr in
nleted unirl the Law rainc under your Olsen alton
Gullinri miller rCtilcd upon lands aiirrHnni Hi
lcCied and claimed ~ he northern linclnc rilfuu
| company a. in within The withdrawal iuf idrmult
purposes NIruc doubt arising ns o. the lrf.lity Ii
that Withdrawal, The cas- wa friCrfrd by this IA
plrimcnl 20 The Attorney ucnefsl i1f hl. gplnlgn y
Withdrawal Nns legal, aud that during ~ ctlttgnc
MILLER COULD AcQrinE 40 nionr
or tltlo 10 The iract claimed BY him ani 90 uhlr
b. lived Whilst recognizing iio c0ffrrtne.l III M
law YOU saw The Injustice NJ to Oaso ~ inf ~ th
individual sottisf vs. hng,iUd. hnd that hundfsl
0i 0ihon ven similarly situated who might an
would h. affected. aud yun dlHriri that tnc
giants should o. ~ administered by this drfar
mrut ns n possible. g. Ufuiert these settlers Iron
such inlusUre stnilnT your ballet that ibis can u
done under The unlf Islun which drrlHul That thrs
selections slall g. made under The dlrugilon oi N
HHfriiry ~ The interior"
Aflsr years 81 waiting. Conrtrs, had fall,d 4
empower lhc department ~ make he ne'rsnf
surveys whereby some Ol Che rfuu'l might o. NIL
juiicd. hnd no immediate pfuspcci II such suuc,
Z was In sight nut a law wa paced Narh q. ~
. llith Statutes 90, whcrby The rprWiay ~ a.
, Interior Wa .difccicd ~ Immediately adjust car
~ the uilrlai land grants made by c0ngnHs "a oil
IN the construction 81 milfu1df" With IN oanD'
dnsinf ~ Ob,y tho nandnie ~ rOugfras ~ rivr 1
the corporations thcir cicD light under The law
iy YOU 10 ~ that ample protection should b. 81
tndrd ~ frttlru aud thuaH H0Uklug ~ make futtll
/. mont on the public lands "a matter which ha
been 20 long aud ~ utterly ovcnhadowed,l ! q
! icfpd upon a mot carlul confederation 81 N
, whole subject ~ the history and law relating
land grants and concluded That u the dcpaftmef
was clothed With authority ~ make indcmnli
Withdrawals. o. had hcon done ~ 40 many u
stances tho exercise ~ that authority was matt
entirely within sound disrrll0n and not matt
Of legal obligation IN 40 tuspcri. that the sata
sound dltctilou which IN lhe Interest u the con
, plurs Justified said WlihdnWals uOW'demandC
nomnp inHiy IN the public Interest tprcdy rev
fnton oi ihr samo and that The most chcct,o va
, | Of oxIadltuF IN adjustment u the laud grant
aud dulng csaci Justice ~ The c9inpsnlw guard
was 10 pfrmlt TIE public 10 enter Into conpciltic
with the pmranirs IN the teicciiun ~ iands her
. l0iOfe withdrawn cor indemnify purposes
AocoRDNGLY, oSMAY %, 1887,
J with your approval rules were laid upon the a
. fcfgnt compasis- iOf Whosc beneAt wiIhdrawa